Sega created the video game Space Channel 5 featuring a character named Ulala, 150mg Aldactone, Aldactone mexico, a reporter who wears a short skirt and platform boots and has pink hair - all of which are physical similarities to the former lead singer of the 1990s funk band Deee-LiteKirby - Kieren Kirby.

In this ruling the court held that Sega had passed the "transformative" test set out in the earlier Comedy III Productions v. Gary Saderup case by ‘adding something new, 100mg Aldactone, Aldactone coupon, with a further purpose or different character, altering the first with new expression, Aldactone india, Aldactone canada, meaning, or message." Specifically:

If the “product containing he celebrity’s likeness is so transformed that it has become primarily the defendant’s own expression” of what he or she is trying to create or portray, Aldactone australia, Aldactone usa, rather than the celebrity’s likeness, it is protected.

In applying the test to the facts of the case, Aldactone japan, 10mg Aldactone, Justice Paul Boland concluded:

Ulala is more than a mere likeness or literal depiction of Kirby. Ulala contains sufficient expressive content to constitute a “transformative work” under the test articulated by the Supreme Court, Aldactone overseas. 30mg Aldactone, First, Ulala is not a literal depiction of Kirby, 250mg Aldactone. As discussed above, the two share similarities, Where Can I Buy Aldactone. Aldactone ebay, However, they also differ quite a bit: Ulala’s extremely tall, 500mg Aldactone, 200mg Aldactone, slender computer-generated physique is dissimilar from Kirby’s. Evidence also indicated Ulala was based, 20mg Aldactone, 50mg Aldactone, at least in part, on the Japanese style of “anime.” Ulala’s typicalhairstyle and primary costume differ from those worn by Kirby who varied her costumesand outfits, 750mg Aldactone, Aldactone paypal, and wore her hair in several styles. Moreover, Aldactone craiglist, 1000mg Aldactone, the setting for the game thatfeatures Ulala – as a space-age reporter in the 25th century – is unlike any public depiction of Kirby. Finally, Aldactone us, Aldactone uk, we agree with the trial court that the dance moves performed by Ulala – typically short, quick movements of the arms, legs and head – are unlikeKirby’s movements in any of her music videos. Taken together, these differences demonstrate Ulala is “transformative,” and respondents added creative elements to createa new expression.

According to this FindLaw.com the Kirby case is at odds with a prior Missouri Supreme Court case setting up a possible Supreme Court challenge.

Sega created the video game Space Channel 5 featuring a character named Ulala, 150mg Aldactone, Aldactone mexico, a reporter who wears a short skirt and platform boots and has pink hair - all of which are physical similarities to the former lead singer of the 1990s funk band Deee-LiteKirby - Kieren Kirby.

In this ruling the court held that Sega had passed the "transformative" test set out in the earlier Comedy III Productions v. Gary Saderup case by ‘adding something new, 100mg Aldactone, Aldactone coupon, with a further purpose or different character, altering the first with new expression, Aldactone india, Aldactone canada, meaning, or message." Specifically:

If the “product containing he celebrity’s likeness is so transformed that it has become primarily the defendant’s own expression” of what he or she is trying to create or portray, Aldactone australia, Aldactone usa, rather than the celebrity’s likeness, it is protected.

In applying the test to the facts of the case, Aldactone japan, 10mg Aldactone, Justice Paul Boland concluded:

Ulala is more than a mere likeness or literal depiction of Kirby. Ulala contains sufficient expressive content to constitute a “transformative work” under the test articulated by the Supreme Court, Aldactone overseas. 30mg Aldactone, First, Ulala is not a literal depiction of Kirby, 250mg Aldactone. As discussed above, the two share similarities, Where Can I Buy Aldactone. Aldactone ebay, However, they also differ quite a bit: Ulala’s extremely tall, 500mg Aldactone, 200mg Aldactone, slender computer-generated physique is dissimilar from Kirby’s. Evidence also indicated Ulala was based, 20mg Aldactone, 50mg Aldactone, at least in part, on the Japanese style of “anime.” Ulala’s typicalhairstyle and primary costume differ from those worn by Kirby who varied her costumesand outfits, 750mg Aldactone, Aldactone paypal, and wore her hair in several styles. Moreover, Aldactone craiglist, 1000mg Aldactone, the setting for the game thatfeatures Ulala – as a space-age reporter in the 25th century – is unlike any public depiction of Kirby. Finally, Aldactone us, Aldactone uk, we agree with the trial court that the dance moves performed by Ulala – typically short, quick movements of the arms, legs and head – are unlikeKirby’s movements in any of her music videos. Taken together, these differences demonstrate Ulala is “transformative,” and respondents added creative elements to createa new expression.

According to this FindLaw.com the Kirby case is at odds with a prior Missouri Supreme Court case setting up a possible Supreme Court challenge.

Hall of Fame Pool Player Mike Sigel filed a lawsuit today against computer game manufacturers, Interplay Entertainment Corp and Celeris, Inc., for using his name and likeness without his permission.Source:PR Newswire

Veteran skateboarder Alan "Ollie" Gelfand has sued Disney Interactive, Sega and various skateboard-related companies over what he claims to be trademark infringement of his nickname, and is seeking over $20 million in damages.Sources:Gamasutra | GameDaily | Miami Herold | Florida Today | Gainesville.com

Harris claims that EA is in breach of an "implied in fact contract" and a confidentiality agreement by using his idea for the NFL Superstar mode in the game without compensation. The mode allows the gamer to take day-to-day control of an NFL player both on and off the field. He says the idea stems from a confidential pitch he made to EA in 2004.Sources:Gamasutra.com | Next Generation | GameSpot | Reuters | ZDNet

Viliami Fehoko (Vili) and E.A. have settled Fehoko's earlier claim of using his character without compensation in E.A.'s NCAA Football 06 for an undisclosed amount of money, and the game will continue to be sold with Vili the Warrior in it. Source:Game Politics | KHON2Related Posts:

Viliami Fehoko, the man behind the menacing war paint of Vili the Warrior, says that EA never obtained his permission nor paid him compensation for the use of his Vili character as a featured mascot in NCAA Football '06. According to the article, Fehoko has claimed $75,000 in damages.Source:GameSpot | Hawaii Channel | Joystiq | Game Politics | Times OnlineRelated Posts:

Members of the Screen Actors Guild (SAG) union overwhelmingly approved a new contract governing their work in the game sector. Voice-over and other performers will receive a 36% boost in wages, beginning with an immediate 25% hike.Sources:Gamasutra | Cathy Kirkman Blog | SAG Watchdog | SAG Press Release

Travis Co. District Judge Suzanne Covington granted a restraining order and, in January, granted a subsequent request for a temporary injunction against Topheavy. As a result, copies of The Guy Game have been removed from store shelves.Source:Austin ChronicleRelated Posts:

A young woman has filed suit against for including footage of her topless, taken during the annual spring break revels on Texas' South Padre Island, without her legal consent. The woman was only 17 at the time, and therefore legally incapable of giving her consent to be in The Guy Game, let alone half naked.
Sources:Gamespot | EuroGamer | 1Up.com | The Register | XBox Addict | Statesman.comRelated Posts:

Uri Geller, the millionaire paranormalist, is suing the computer giant Nintendo for more than £60m for allegedly using his image in its best-selling Pokemon game without his permission.
Sources:Gamasutra | Guardian Unlimited | The Register | ZDNet UK